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Last week, the 2nd Circuit held that the recent U.S. Supreme Court sentencing decisions did not give judges carte blanche to fashion sentences. Instead, the court wrote, judges should exercise their broader discretion with a good dose of "consideration" for the guidelines structure. A follow-up decision on Friday in U.S. v. Fleming gave the circuit another chance to consider the word "consider" and offer additional guidance on the new shape of the federal sentencing guidelines.
February 10, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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